Luthmann Prepares to Flex Legal Muscle; Questions Mainstream Media Silence On Filed Lawsuit's 'Deadbeat' Allegations Against Judge and NYC Council Member
Lawsuit Against Hanks, Castorina Officially Filed; Receives Index Number; Ambrose Already In Default; Luthmann Teases Return to New York
By Modern Thomas Nast
“Shit just got real,” said Richard Luthmann, a former New York lawyer and now an investigative reporter and contributor to this publication.
Last November, Richard Luthmann sent a lawsuit for filing in New York County Supreme Court.
Frank Report Publishes Luthmann Lawsuit Against Hanks, Love, Castorina, Nelson, Ambrose and Others
Earlier this month, Luthmann’s case was assigned an index number. The New York County Clerk attributes the delay to COVID-19 procedures.
Luthmann’s Filing
The court received the voluminous paper filing at 60 Centre Street in Manhattan on November 8.
Only recently did the New York County Clerk issue an Index Number for the summons and complaint.
“The County Clerk’s website says mail requests and transactions have a 10 to 12-week turnaround time from the date of receipt. So I guess two months is warp speed, eh Scotty?” Luthmann said with a cackle. He says everything is still delayed because of Covid-19.
When asked why he didn’t electronically file his documents, Luthmann had an interesting answer.
“There are too many ways they will put the maloick on me anyway. I don’t need litigation by ambush. I’m entitled to paper filing, and I remember the days when that was all there was. It slows everything down, which is fine by me,” Luthmann said. “Plus, Keven Barry Love already said I’m mentally ill, so I’m entitled to have things accommodated under the ADA.”
Luthmann says the filing date relates back to the New York County Clerk receiving the papers.
“Under CPLR 304, the law says an action is commenced when a summons and complaint are filed with the court clerk. This means the delivery of the pleadings to the clerk, who is required to date-stamp them and return a date-stamped copy,” Luthmann says. “There are plenty of cases about paper filings and administrative delays where the filing relates back, so I’m not worried.”
Luthmann’s right. According to the Supreme Court Appellate Division, the term "filing" references the clerk's physical receipt of the papers. (Grant v Senkowski). The clerk physically received Luthmann's summons and complaint on November 8, 2023, and that is the filing date for all intents and purposes.
Affidavits To Be Filed; Christopher Ambrose Already In Default
Luthmann says his process servers have already hit many of the defendants.
Most recently, they hit Attorney Eric Nelson with papers.
Luthmann says NYC Council Member Kamillah Hanks, NYS Supreme Court Justice Castorina, and their campaign committees were served by a method called “Nail and Mail,” along with Kevin Barry Love and Eric Nelson.
“It’s ironic. Nelson does most of his work in the shed next to Family Court in St. George. And he practices law out of a shed in Great Kills. You can make this shit up,” Luthmann said.
NYC Arts Cypher was served through the Secretary of State, and Connecticut “albino predator” Christopher Ambrose was tagged personally with legal process.
“Now that I have the index number, the original Affidavits of Service for the parties we already hit were mailed, and I expect them to be filed this week. I still have a couple of defendants to serve and expect there may be a federal removal attempted, probably by the albino predator [Ambrose],” Luthmann said.
Luthmann says there are different times when he can expect a response from the service.
“On the nail and mail,” the default date is based on when the Affidavit of Service is filed with the court. The defendants served under that method have thirty days to respond from when the clerk gets the return of completed service. But in-hand service and Secretary of State service is effective when it occurs. A person has 20 days to respond, and a business has 30 days from when the papers hit the clerk’s desk up in Albany. If nothing comes in soon, I’ll have two parties in default,” Luthmann said.
Luthmann said he expects to send certified letters to all parties this week.
“I anticipate they’ll file motions” to dismiss and try to draw out the issue being joined until the summer. If I were defending it, that’s what I would do. You have to keep politicians out of a deposition at all costs. But I have a couple of countermeasures. One I can tell you is why I filed in Manhattan Supreme. Generally, the discovery rules don’t get stayed. I have my packages ready and will request a court order for financial disclosure, among other things. You know they’ll love that,” Luthmann said wryly.
Luthmann Blasts Mainstream Media For Slanted Coverage
Luthmann says there are important, extremely newsworthy issues in his newly filed case and his pending “Fake Facebook” case in Brooklyn. He says the mainstream media isn’t covering him for a reason.
“It’s corruption, plain and simple. If NYC Council Members and sitting Judges were called deadbeats, the old press would have been all over that. New York’s government, courts, and press, with some exceptions, has turned into a corrupt sesspool because of the uni-party control,” Luthmann said.
Luthmann says he’s supplied all the information to local Staten Island and New York City and State outlets, but they don’t do anything.
“In 2017 and 2018, the Staten Island Advance and NY1 News covered my case like it was media day at the Superbowl. On the way down, they were all there. Now, there’s a perfect chance they all got it wrong, and it’s crickets,” Luthmann said.
Making comparisons to Hunter Biden’s laptop, Luthmann says the mainstream media, mainly covering Staten Island, is under DA Michael McMahon’s thumb. He says Castorina was at first a main media and criminal target until he made a deal with the McMahons and was never looked at again.
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“We know the McMahons shut up reporters and their sources. And we know the McMahons and their colluders shape the media's coverage. I contacted Victoria Manna, the Staten Island Reporter for NY1, about this months ago and wanted to show her exclusive evidence. She told me to call Amanda Farinacci, who isn’t even a reporter anymore. She does PR. Like the Hunter Biden laptop, the mainstream media starts running half-cocked with a narrative, but when it’s later proven they were wrong, they don’t own it - they run away,” Luthmann said.
Luthmann says that “without question,” the biggest culprit of skewed reporting is the Staten Island Advance.
“They read everything I write. But their Managing Editor has been the McMahon’s loyal hound for the past three decades. He’s so far up Mike’s ass that Castorina is looking for a butt plug called ‘The Laline,’ “ Luthmann said in jest.
The Carrie Costa Case
Luthmann says there is a pattern in the Advance’s coverage related to the McMahons, and he’s investigating it.
“I’m currently looking at a case involving a woman named Carrie Costa. She was held captive by her husband, Richard Costa, in their Tottenville home and had the ever-living shit beat out of her. The maniac struck her with a ceramic vase and choked her around the neck with a cord. This all happened, and it was reported by the Advance in 2020,” Luthmann said.
The incident, which involved a two-day ordeal and a three-hour police standoff, was reported by the Staten Island Advance:
He faces kidnap charge in alleged 2-day ordeal that ended in Tottenville standoff
“I don’t want to give away the whole feature article, but the Carrie Costa ordeal should be hung squarely around the neck of DA Mike McMahon. It shows that he’s insensitive to victims of domestic violence, susceptible to corruption, or both. How does a guy like that clearly beat his wife and walk away scot-free? A Richmond County grand jury indicted him on Fifteen Counts.”
Luthmann also blames the local media, particularly Brian Laline’s outfit.
“They dropped the ball. How are these questions not asked when there’s a sweetheart deal between the DA’s Office and an attorney who was a long-time ADA? If they make these accommodations for wife beaters, does McMahon’s Office also let pedophiles walk if they have the right lawyer? It’s a question that no one has been asking until now, and by me and me alone. And that’s the real story. Why is Staten Island’s local media so shady? You would think these sweetheart deals where the press looks the other way would only happen in sleepy backwaters. But it looks like today they know what justice means in rural Alabama and Mississippi far better than in St. George or on Fingerboard Road, and who knows if they’re even really there anymore,” Luthmann said.
Luthmann says that not only did DA McMahon’s Office abruptly and suspiciously drop Richard Costa's prosecution and settle on a misdemeanor plea with no jail time, but significant Family Court issues and potential organized crime connections were revealed by an FBI investigation. He also claims unethical attorney practices by a familiar character - Eric Nelson.
“I’m not going to give away my whole feature. But girl-running and the Russian mob are involved. And this isn’t me. It’s the FBI. But the biggest issues I see are attorney ethics involving Eric Nelson and Abrams Fensterman LLP. Nelson knew that Richard Costa was abusing Carrie Costa in 2012 when he strong-armed her into an admission of guilt. Carrie Costa had cancer at the time, and if her insurance lapsed, she would not be able to afford treatment. Richard Costa told her to sign a Medicaid application because he refused to pay for private insurance. The second Nelson heard this; he should have recognized the abuse and neglect and withdrawn from the representation. Instead, he continued to represent both of them and provided Carrie Costa with significant ineffective assistance of counsel. It’s a pattern of Nelson’s behavior where he continually puts money and expediency ahead of attorney ethics and the client's best interests,” Luthmann says.
Luthmann says Justices Mario Mattei and Ralph Porzio previously ruled on a misinformed record. Justice Paul Marrone now has the case.
“I know Mario Mattei and Ralph Porzio. They are both straight shooters and weren’t given all the facts. There’s something more here than meets the eye, and I’m close to getting to the bottom of it,” Luthmann said.
Luthmann believes that his new profession as a journalist gives him a unique role and a unique mission.
“I was always a front-line guy as a brawling wrestler, a rugby prop, a scorched earth litigator, and a brazen political operator. It’s very different from me to be a strong safety and come up and crack someone in the kisser when the linebacker misses. But I enjoy the role. So much so that I’m considering returning to New York and setting up shop come August. It makes particular sense if I have multiple personal complex litigations to manage. I love Southwest Florida and intend to remain a resident. I tried to cut ties with New York, but they still won’t let me to leave quietly. So I must embrace that and try to get a New York/Northeast watchdog/wildcat publication going too,” Luthmann said.
Doing his best Al Pacino, Luthmann crowed, “Just when I thought I was out, they pull me back in.”
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Great article. That poor woman facing such corruption. Staten Island legal system is a cesspool. I was screwed in 1993 by the Staten Island Supreme Court. While on trial I asked a court officer how is my trial going? He lived in the neighborhood and kids went to same school. He whispered in my ear “you are screwed, the fix is in”. I was totally screwed. Thanks for exposing these horrible people.